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President
hands out 12,000 deeds despite court order
Story by SIMON SIELE and KENNEDY MASIBO
Publication Date: 10/16/2005
President Kibaki yesterday gave out
12,000 land titles in Nakuru amid controversy on whether or not he
had ignored a court order stopping the issuance of the documents.
State House maintained that the
titles for the Ogieks were processed long before the court order.
President Kibaki issues a
title deed to an Ogiek woman at the Olenguruone grounds in
Nakuru yesterday, before he addressed a rally. Lands
Minister Amos Kimunya is on his left. The ceremony to give
out 12,000 deeds went on despite a court order barring the
issuance.
Photo/PPS |
The President who
handed over few deeds to the beneficiaries before the
exercise was marred by a heavy downpour at about midday,
said the issuance was not to solicit favours.
He said it is an inalienable
right for all Kenyans who own property to be issued with
titles and criticised representations to the contrary as
cheap propaganda.
The President was speaking at
Olenguruone divisional headquarters in Nakuru district where
12,000 land title deeds were issued to members of the Ogiek
community.
"It is unfortunate that
such a well-intentioned action meant to benefit the people
had been politicised," he added.
The President pointed out
that the issuance of the titles was not connected to the
ongoing court cases adding it was cheap propaganda and an
act of mischief to try to deny the people these important
documents. |
"The government is simply
fulfilling a pledge made to the Ogiek community 13 years ago and
it is insincere to politicise the matter," he said.
President Kibaki said the
government would continue to issue title deeds to land owners
across the country to enable them to develop their farms
confidently.
The President assured the
recipients that the exercise would not be hampered by few
individuals who were dissatisfied with the way it was conducted.
He said it was their right to get
the title deeds and that they should not be worried about the
legal processes that had been introduced.
"Those who have disputes with
the process should seek legal redress against the individuals and
not the exercise," he said.
On Thursday, a Nakuru High Court
Judge issued an order stopping the issuance of the title deeds to
the Ogiek community.
The barring orders were issued
against the commissioner of lands, the chief lands registrar, the
principal registrar of titles and the Rift Valley Provincial
Commissioner.
But a State House official argued
that no law would be breached because the court order was directed
at the Ogiek community, who were to receive the deeds and not the
President.
Lawyers were divided on whether the
president was in breach of the law.
But Kabete MP Mr Paul Muite, while
supporting the President's decision to issue the title deeds
argued that although there was need for the three arms of
government to respect their constitutional boundaries, orders
given by the courts in bad faith should not be obeyed.
Mr Muite, the chairman of the
parliamentary committee on justice and legal affairs, said the
judiciary would be breaking the law to step on the boundaries of
the other arms of government.
It was in bad faith, he said, for
the judiciary to give an injunction at the eleventh hour without
allowing the Executive to state its case.
But International Commission of
Jurists chairman Otiende Amollo said that the President would be
setting a bad precedent to give out the titles if a court had
issued an injunction.
"If it is indeed true that a
court issued an injunction, it will be contempt of court for the
President to go ahead and give out the titles," he added.
The Law Society of Kenya has also
in past condemned those defying court orders arguing doing so was
a recipe for chaos.
By ignoring a court order, LSK
argued, the government showed it had no respect for the rule of
law.
Chief Justice Evan Gicheru is on
record accusing the executive and the legislature of encroaching
on the Judiciary.
In June, the judiciary issued a
stern warning to leaders who defy court orders and asked them to
obey the orders or face three years in jail.
The judges said is a statement then,
"In a working democracy and as a matter of civility, court
orders must be obeyed by all if we are to abide by the rule of
law."
They warned, "Let those
concerned be warned that under Section 121 (1) of the Penal Code,
disobeying a court order is punishable with imprisonment of three
years which the court will enforce without fear or favour."
Last month, Mr Justice Gicheru
repeated the warning asking ministers and members of Parliament to
stop meddling with the judiciary.
Mr Justice Gicheru warned ministers
could be found guilty of contempt of court, in their official and
personal capacities.
Mr Kimunya and his information
counterpart, Raphael Tuju have in the past been accused of
disobeying court orders.
Mr Kimunya was accused by MPs who
had sought to block the eviction of people in the Mau forest of
defying a court order.
He had announced that the cabinet
had endorsed the evictions to stop the destruction of forests and
that the court order was not directed at the cabinet but to Narok
county council, in whose jurisdiction the land is.
On his part, Mr Tuju was accused of
forcefully taking over Kenyatta International Conference Centre in
the face of a pending ownership dispute case.
Yesterday, one of the applicants in
the case, the Ogiek Welfare Council, said they will still pursue
the matter in court after obtaining the samples of the titles.
The President on his way back to
Nakuru State House he addressed crowds at Kerenget, Elburgon and
Njoro.
Additional reporting by Tony
Kago
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